A/HRC/33/27

United Nations

General Assembly

Distr.: General
20 July 2016
Original: English

Human Rights Council

Thirty-third session
Items 2 and 3 of the provisional agenda
Annual report of the United Nations High Commissioner for Human Rights
and reports of the Office of the High Commissioner and the Secretary-General
Promotion and protection of all human rights, civil, political, economic,
social and cultural rights, including the right to development

Rights of indigenous peoples

Report of the United Nations High Commissioner for Human Rights
Summary
The present report is submitted pursuant to Human Rights Council resolution 30/4.
It contains information on relevant developments relating to human rights bodies and
mechanisms and outlines the activities undertaken by the Office of the United Nations High
Commissioner for Human Rights at headquarters and in the field that contribute to the
promotion and full application of the provisions of the United Nations Declaration on the
Rights of Indigenous Peoples, and follow-up on the effectiveness of the Declaration. The
report covers the period from May 2015 to May 2016.

GE.16-12550(E)

A/HRC/33/27

I. Introduction
1.
In its resolution 30/4 on human rights and indigenous peoples, the Human Rights
Council requested the United Nations High Commissioner for Human Rights to continue to
submit to it an annual report on the rights of indigenous peoples containing information on
relevant developments in human rights bodies and mechanisms. It also requested the High
Commissioner to report on activities undertaken by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) at headquarters and in the field that contribute
to the promotion of, respect for and full application of the provisions of the United Nations
Declaration on the Rights of Indigenous Peoples.
2.
Rather than providing an exhaustive overview of the work of OHCHR on the rights
of indigenous peoples, the present report focuses on some illustrative examples of OHCHR
activities and initiatives undertaken at headquarters and by field offices that contribute to
the full realization of the rights of indigenous peoples. It also outlines recent developments
in terms of the work done by United Nations human rights mechanisms on indigenous
peoples.

II. Activities of the Office of the United Nations

High Commissioner for Human Rights
3.
During the period under review, OHCHR continued to work in a wide range of
contexts for the promotion and full application of the Declaration. The High Commissioner
continued to advocate respect for the rights of indigenous peoples, and indigenous issues
figure prominently in the OHCHR Management Plan 2014-2017,1 including in connection
with the key thematic priorities of enhancing equality and combating discrimination.
4.
OHCHR remains committed to supporting the work of the Inter-Agency Support
Group on Indigenous Peoples Issues and has been engaged, in particular, in the InterAgencys work to support the development of the United Nations system-wide action plan
on indigenous peoples a key recommendation of the 2014 World Conference on
Indigenous Peoples. The action plan2 was launched at the fifteenth session of the Permanent
Forum on Indigenous Issues, held from 9 to 20 May 2016, to ensure a coherent United
Nations system-wide approach to achieving the ends of Declaration.
5.
At the same time, lack of implementation and enforcement continue to hamper the
full realization of the rights of indigenous peoples. Shrinking democratic spaces and a
development agenda pushed through without consideration for indigenous peoples right to
consultation have often been a source of conflict during the reporting period. Systematic
discrimination, lack of indigenous peoples participation in decision-making, in particular
in the context of large-scale projects, extractive industries and legislative processes, the
lack of land demarcation and titling, challenges to indigenous peoples in voluntary isolation
or in initial contact and increasing violence against indigenous human rights defenders are
among the challenges faced by indigenous peoples worldwide.

Available from www2.ohchr.org/english/OHCHRreport2014_2017/OMP_Web_version/media

/pdf/0_THE_WHOLE_REPORT.pdf.
Available from www.un.org/esa/socdev/unpfii/documents/2016/Docsupdates/SWAP_Indigenous_Peoples_WEB.pdf.

A/HRC/33/27

A.

Business, extractive industries and human rights

6.
Many OHCHR field presences have worked closely with national human rights
institutions to build their capacity to address indigenous peoples human rights. In South
Africa, the regional office organized a seminar on business and human rights for
community leaders and national human rights institutions of the subregion in partnership
with the South African Human Rights Commission. The seminar was held in Johannesburg
from 28 to 30 September 2015 and included participants from Madagascar, Malawi,
Mozambique, South Africa, Zambia and Zimbabwe. The principle of free, prior and
informed consent was discussed and participants shared relevant experiences, placing
particular focus on mining activities in their respective countries. The regional office for
South America also pursued initiatives, with national human rights institutions in the
subregion, with a focus on indigenous peoples and extractive industries.
7.
In May 2015, the office in Guatemala held a workshop with the national human
rights institution focusing on responses to social conflict in the context of natural resource
extraction and development projects. In 2016, the office carried out training sessions on the
Guiding Principles on Business and Human Rights to strengthen the capacity of staff
members of national human rights institutions.
8.
The office in Guatemala provided technical assistance to the Government on
implementing the policy on reparations for 33 indigenous communities affected by the
construction of the Chixoy hydroelectric project in 1975. In addition, the office provided
capacity-building support on the rights of indigenous peoples to staff at the Ministry of
Environment and Natural Resources responsible for the development of environmental
impact studies.
9.
The office in Mexico emphasized the right to consultation in its work on indigenous
peoples rights. It documented three emblematic cases related to the lack of prior
consultation (in Sonora and Oaxaca) and sought to engage with relevant counterparts
(communities, federal and state level authorities, academics and businesses) to address the
situation.

B.

Multilateral development banks

10.
OHCHR was involved in the ongoing safeguards review of the World Bank and has
formally contributed to the second draft of the Banks environmental and social framework,
which included recommendations on the draft standard on indigenous peoples.
Furthermore, an OHCHR staff member was temporarily posted to the Inspection Panel of
the Bank (an independent accountability mechanism) in April and May 2016 to support the
Panels forthcoming publication on emerging lessons relating to indigenous peoples,
drawing from its caseload of 22 years.
11.
At the country level, OHCHR worked with the World Bank on two projects, one
focusing on land tenure reform in the Democratic Republic of the Congo and one on
collective reparations in Colombia. Both projects are being carried out in close consultation
with indigenous organizations and in cooperation with the United Nations country teams.
12.
The OHCHR office in Cambodia also supported indigenous communities to better
assert their rights in the context of an investment project planned by the International
Financial Corporation. In addition to building the capacity of project-affected communities,
OHCHR was invited to observe the meetings of the tripartite committee composed of the
company seeking funding from the International Financial Corporation, indigenous
peoples representatives and local authorities. The role of OHCHR as a third-party broker

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helped the parties to engage in good-faith negotiations and to seek solutions to outstanding
disputes over indigenous peoples land and sacred forests.

C.

Early-warning mechanisms and monitoring of human rights violations

13.
During the reporting period, OHCHR participated in several meetings and activities
to identify warning signals linked to specific developments that could trigger unrest and
conflict. Early-warning mechanisms related to land-related violence, conflict and human
rights in South-East Asia were discussed at a meeting organized by OHCHR in Bangkok.
Participants highlighted issues related to indigenous peoples access to land in Cambodia,
Malaysia, the Philippines and Thailand, among other countries.
14.
In May 2015, the United Nations joint human rights office in the Democratic
Republic of the Congo investigated human rights violations that had been committed during
an attack against indigenous Pygmy communities in Nyanza territory, in Katanga Province,
and resulted in murders, rapes, abductions and enforced disappearances, and in the
extensive destruction of property.
15.
The office in Guatemala carried out more than 40 missions between April 2015 and
April 2016 to monitor the human rights situation of indigenous agricultural workers, the
impact of monoculture activities on the human rights of indigenous peoples and cases of
potential or escalating social conflict, including conflicts resulting from extractive industry
activities affecting indigenous peoples. Many of the missions were carried out jointly with
the national human rights institution.
16.
In addition, the office in Guatemala documented numerous cases of irregularities in
criminal proceedings against indigenous peoples for acts carried out in the context of
hydroelectric and mining projects. Many indigenous human rights defenders continue to be
in pretrial detention, accused of crimes of conspiracy, instigation of unlawful association
and assembly and crimes for which non-custodial measures are not available, such as
kidnapping.

D.

Access to justice and strengthening the legal protection of indigenous

peoples rights
17.
In 2015, the regional office for South America provided technical support for the
development of an online course for the Ecuadorian judiciary on collective rights and
indigenous justice. The topics of the online course included: indigenous peoples as rights
holders in international law; collective rights in the Constitution; free, prior and informed
consent; relevant recommendations from human rights mechanisms; and indigenous
customary justice and access to justice. More than 400 judges and prosecutors will be
trained in 2016 using this online tool in the provinces with the highest number of
indigenous peoples: Pastaza, Cotopaxi, Chimborazo, Tungurahua and Morona.
18.
In the Plurinational State of Bolivia, the country office developed a training
programme for indigenous leaders on the promotion, protection and implementation of
collective rights in accordance with international standards. This was done in collaboration
with la Universidad Indgena Boliviana Guaran in partnership with the German Agency for
International Cooperation and with support from the Confederation of Indigenous Peoples
of Bolivia. In April 2016, 16 indigenous leaders successfully completed the course, which
will be a permanent feature of the universitys regular academic programme and will also
be included in the curriculum on legal anthropology.

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19.
The office in Guatemala continued implementing the second phase of its Maya
Programme, which seeks to defend, through strategic litigation, the rights of indigenous
peoples to communal lands, to culturally appropriate health practices and to cultural and
intellectual property. A group of nine lawyers, as well as 30 students who provide
assistance in legal cases, have been trained on the rights of indigenous peoples through the
Maya Programme. Thirteen university professors also took part in the Programme and will,
as a result, include strategic litigation and the rights of indigenous peoples in their
university courses.
20.
The office in Guatemala carried out an analysis of Constitutional Court
jurisprudence related to the rights of indigenous peoples. The results of the analysis
demonstrated an increase in cases brought by indigenous peoples to the courts and in
favourable judgments issued since the start of the Maya Programme, especially regarding
land rights and the right to consultation. The judiciary of Guatemala has made headway in
the investigation of cases of grave human rights violations committed during the internal
armed conflict and in related prosecutions.
21.
During the reporting period, the Constitutional Court in Guatemala issued several
judgments related to the right of indigenous peoples to be consulted about initiatives that
affect their rights, including in relation to extractive and other development projects. In its
last two judgments related to mining projects, the Court suspended the licences of the
companies involved until a consultation process could be carried out with the affected
communities.
22.
In April 2016, Guatemala launched a national dialogue on justice reform, which was
carried out with technical support of the OHCHR office in Guatemala. As part of the
national dialogue, a series of regional dialogues have been held with the technical
assistance of OHCHR, to gather information on the views held by indigenous peoples,
members of civil society and others on the constitutional reform process.
23.
In November 2015, the OHCHR regional office for South-East Asia supported the
Department of National Parks of Thailand in the implementation of the human rights
recommendations of the World Heritage Committee regarding the designation of the
Kraeng Krachan Forest Complex as a World Heritage Site of the United Nations
Educational, Scientific and Cultural Organization (UNESCO). Upon request of the
Government, the regional office reviewed the draft national road map to implement the
UNESCO recommendations and provided the Government with comprehensive comments
on how to address the concerns of the indigenous community living in the Kraeng Krachan
Forest Complex.

E.

Land rights and food security

24.
Land rights and food security have been high on the agenda of the field offices in
Asia, Africa and the Americas. The office in Cambodia continued working with the
Ministry of Land Management, Urban Construction and Planning, local governments and
civil society organizations to support indigenous peoples efforts to apply for collective
land titles and to provide legal aid to communities that have suffered from land rights
violations.
25.
OHCHR provided support to several indigenous communities in the process of
obtaining collective land titles. Moreover, the office has collaborated with the Ministry of
Rural Development and the local authorities of Koh Kong Province on registering the
identity of eight indigenous communities of the Areng valley. Through several joint
missions to the area, OHCHR has assisted the Ministry and the subnational authorities in
developing procedures for the registration of an indigenous identity, facilitated the building

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of trust between indigenous peoples and the authorities and raised awareness of indigenous
peoples rights among all stakeholders.
26.
The office in Cambodia also conducted training on collective land titles for 30
Chorng indigenous families in Pursat Province who are at risk of losing their traditional
land as a result of land grabbing. In October 2015, OHCHR started a pilot project to
support discussions and negotiations between indigenous Bunong communities from the
village of Busra in Mondulkiri Province affected by an economic land concession and the
private company to which the land concession had been granted. As of April 2016,
compensation agreements have been made concerning one sacred site and clear and timebound commitments were made by the company to review over 100 pending land claims.
The office in Cambodia will soon launch two interactive voice response applications in the
Bunong and Kui indigenous languages containing information about the land law,
communal land registration rights and processes, and economic land concessions in
Cambodia.
27.
The regional office for Southern Africa continued to play an active role in many
initiatives related to the promotion of the rights of indigenous peoples. The South African
Human Rights Commission held national investigative hearings on human rights violations
among Khoisan communities in November and December 2015 and April 2016. The
national hearings were convened in several provinces of South Africa on the basis of
complaints received by the Commission from various Khoisan communities (Khoi, San,
Nama, Griqua and Koranna) regarding access to basic services, land and the
constitutionality of indigenous groups in South Africa. The outcome of the hearings will be
a report with concrete recommendations and possibly also action plans on the issue.
28.
In January 2016, a representative from the regional office for South America spoke
at an event on food security and nutrition organized in Peru by the Food and Agriculture
Organization of the United Nations (FAO) and the Foro Internacional de Mujeres
Indigenas. The event was part of a broader programme jointly promoted by those two
organizations targeting indigenous women human rights defenders and human rights
activists. The contribution of the regional office focused on the international human rights
system from the perspective of indigenous peoples rights. In 2015, in Argentina, OHCHR
responded, together with the United Nations Development Programme, the United Nations
Childrens Fund, the World Health Organization, FAO and the national human rights
institution, to a child malnutrition crisis among the Qom and Wichi people in the Province
of Salta and conducted a study to identify the economic, social and cultural factors that
contribute to the deaths of indigenous children.
29.
In 2015, the office in Guatemala developed, in coordination with the national human
rights institution, a methodology to observe the implementation of the Governments
strategy to combat malnutrition, including among indigenous peoples, which are among the
most affected by malnutrition in the country. As part of that work, OHCHR and the national
human rights institution prepared a joint report on the issue that was presented to the
Government and civil society representatives. The office continues to follow up on the
implementation of the recommendations made in the report. In 2016, the office trained the
focal points in the national human rights institution on food security, health, indigenous
peoples and labour rights and on the human rights impact of monoculture activities.

F.

Climate change and indigenous peoples rights

30.
The twenty-first session of the Conference of the Parties to the United Nations
Framework Convention on Climate Change, held in Paris in December 2015, brought
together States, the private sector and environmental and human rights organizations.

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31.
During the session, the Special Rapporteur on the rights of indigenous peoples and
the Special Rapporteur on human rights and the environment participated in a press briefing
organized by OHCHR. In his statement, the Special Rapporteur on human rights and the
environment emphasized that climate change interferes with human rights and that States
must ensure that their climate change actions meet their human rights obligations and
referred to the OHCHR report entitled Understanding human rights and climate change,
dated 26 November 2015. The Special Rapporteur on the rights of indigenous peoples
mentioned the role played by indigenous peoples in the front line of climate change,
including their active participation in the twenty-first session of the Conference of the
Parties and in Human Rights Council sessions in respect of resolutions that link human
rights and climate change.
32.
More than 250 indigenous delegates participated in the twenty-first session of the
Conference of the Parties and advocated for the inclusion of indigenous peoples rights in
the legally binding Paris Agreement, the preamble to which contains references to the
protection of indigenous peoples rights.

G.

Development of national action plans

33.
The office in the Plurinational State of Bolivia provided technical assistance for the
development of a national action plan on realizing the rights of indigenous peoples, in
compliance with the outcome document of the high-level plenary meeting of the General
Assembly known as the World Conference on Indigenous Peoples (General Assembly
resolution 69/2). The office encouraged the Government to develop the plan in consultation
with indigenous peoples and with the ongoing involvement of rights holders and to include
in the plan a monitoring strategy for effective implementation. The process was led by the
Ministry of Foreign Affairs and involved officials from the Ministry of Development
Planning and other parts of the executive branch and indigenous peoples representatives.

III. Human rights bodies and mechanisms

A.

Participation of indigenous peoples in United Nations processes

34.
Every year OHCHR undertakes a number of capacity-building activities so that
indigenous peoples can improve their knowledge of and participation in United Nations
human rights bodies and mechanisms.
35.
During the reporting period, 31 indigenous peoples representatives from Algeria,
Botswana, Brazil, Cambodia, Cameroon, Canada, Chile, Colombia, the Democratic
Republic of the Congo, Guatemala, Honduras, India, Mexico, Namibia, Nepal, Nicaragua,
Norway, Peru, the Philippines, the Russian Federation and the Solomon Islands participated
in the annual indigenous fellowship programme, which took place in Geneva in July 2015.
Of the participants, 13 were men and 18 were women. For the first time, an indigenous
person with a disability also participated in the fellowship programme, which included
sessions on the United Nations system and international human rights instruments and
mechanisms. The fellows were introduced to issues of particular relevance to indigenous
peoples, such as the human rights of indigenous peoples in the context of business and
extractive industries, international financial institutions and womens rights. All the fellows
attended the eighth session of the Expert Mechanism on the Rights of Indigenous Peoples,
at which they organized their own side event on the topic of land management and
indigenous peoples. Moreover, three indigenous fellows who attended the training in

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Geneva took part in national fellowships with OHCHR country offices in Cambodia,
Colombia and the United Republic of Tanzania.
36.
OHCHR also organized a senior indigenous fellowship programme over the course
of four months to provide on-the-job training. In 2015, the senior indigenous fellow came
from Nepal and was involved in the facilitation of events and the preparation of analytical
briefs, reports and speeches. She also participated in rigorous training on critical human
rights issues and attended the sessions of the Human Rights Council and the Expert
Mechanism on the Rights of Indigenous Peoples. She was able to raise awareness of
indigenous peoples issues in Nepal and was a panellist at a side event held during the
twenty-ninth session of the Council on the disproportionate amount of violence suffered by
indigenous women and girls worldwide. The side event was sponsored by the Permanent
Mission of the United States of America to the United Nations Office and other
international organizations in Geneva.
37.
During the reporting period, the OHCHR regional office for South America and the
Ombudsmans Office of Argentina organized capacity-building workshops on international
standards and mechanisms for indigenous peoples leaders in the Provinces of Salta and
Jujuy.
38.
In addition, 2015 marked the thirtieth anniversary of the United Nations Voluntary
Fund for Indigenous Peoples. A series of activities took place on that occasion, including an
exhibition during the thirtieth session of the Human Rights Council and the launch of a
video3 showing how instrumental the Fund has been over the years in strengthening the
participation of indigenous peoples in decision-making processes at the United Nations,
thus contributing to advance the rights of indigenous peoples at the international level.
39.
Over the past year, the United Nations Voluntary Fund for Indigenous Peoples
continued to support the participation of indigenous peoples organizations and
communities in the sessions of the Permanent Forum on Indigenous Issues, the Expert
Mechanism on the Rights of Indigenous Peoples, the Human Rights Council and its
universal periodic review mechanism, as well as the treaty bodies.
40.
In 2015, 98 indigenous peoples representatives were able to participate in the
fourteenth session of the Permanent Forum on Indigenous Issues and the eighth session of
the Expert Mechanism on the Rights of Indigenous Peoples, as well as in the sessions of the
Human Rights Council, the Working Group on the Universal Periodic Review, the Human
Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee
on the Elimination of Discrimination against Women, the Committee on the Rights of the
Child, the Committee on the Rights of Persons with Disabilities, the Committee against
Torture and the Committee on the Elimination of Racial Discrimination.
41.
So far in 2016, 56 indigenous representatives were selected to attend the fifteenth
session of the Permanent Forum on Indigenous Issues and the ninth session of the Expert
Mechanism on the Rights of Indigenous Peoples, as well as in sessions of the Human
Rights Council, the Working Group on the Universal Periodic Review, the Committee on
the Elimination of Racial Discrimination, the Human Rights Committee, the Committee on
Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination
against Women and the Committee on the Rights of the Child held from January to June.
42.
In view of the ever-growing demand for participation in meetings of the human
rights mechanisms and considering the positive impact that such participation has in terms
of the number of references made to indigenous peoples in international jurisprudence, the

Available at https://vimeo.com/38094562.

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Board of the United Nations Voluntary Fund for Indigenous Peoples has recommended that
a budget be set aside to support the participation of an additional 38 representatives of
indigenous communities and organizations in the sessions of the Human Rights Council,
the Working Group on the Universal Periodic Review and the treaty bodies to be held from
July 2016 to March 2017.
43.
In 2016, the United Nations Voluntary Fund for Indigenous Peoples also supported
two extraordinary meetings on the outcome document of the World Conference on
Indigenous Peoples: a workshop on the review of the mandate of the Expert Mechanism on
the Rights of Indigenous Peoples and the General Assembly consultation process aiming to
enhance the participation of indigenous peoples representatives in United Nations
meetings affecting them. In order to support robust participation in these two strategic
forums, the members of the Board recommended that an important part of its budget be
used to facilitate the attendance of 28 representatives of indigenous peoples in those
consultations.
44.
Efforts to strengthen the role of the United Nations Voluntary Fund for Indigenous
Peoples beyond direct travel support were made, especially to build the capacity of the
beneficiaries of the Fund and to contribute to their more effective engagement with human
rights mechanisms. Induction courses and human rights training sessions were organized to
that end in the framework of the sessions of the Permanent Forum on Indigenous Issues and
the Expert Mechanism on the Rights of Indigenous Peoples and in cooperation with Docip.
45.
During the reporting period, the three United Nations mechanisms devoted to the
rights of indigenous peoples the Expert Mechanism on the Rights of Indigenous Peoples,
the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum on
Indigenous Issues continued to strengthen cooperation, including by holding
coordinating meetings during the session of the Expert Mechanism in July 2015 and the
session of the Permanent Forum in May 2016.

B.

Expert Mechanism on the Rights of Indigenous Peoples

46.
During its eighth session, in July 2015, the Expert Mechanism on the Rights of
Indigenous Peoples held a panel discussion on the human rights of indigenous peoples in
relation to business enterprises, a discussion on the post-2015 development agenda and
indigenous peoples rights, and a consultation with States and indigenous peoples on the
United Nations system-wide action plan to ensure a coherent approach to achieving the
ends of the Declaration. The Expert Mechanism finalized and adopted a study on the
promotion and protection of the rights of indigenous peoples with respect to their cultural
heritage (A/HRC/30/53), including through their participation in political and public life.
The study was submitted to the Human Rights Council at its thirtieth session, in September
2015.
47.
Also in September 2015, the Human Rights Council adopted resolution 30/11, in
which it requested OHCHR to convene a two-day expert workshop open to the participation
of States, indigenous peoples and other stakeholders, including by inviting the submission
of written contributions, to review the mandate of the Expert Mechanism. The expert
workshop, which was held in Geneva on 4 and 5 April 2016, brought together
approximately 100 participants, including representatives of States, indigenous peoples and
other stakeholders. OHCHR submitted a report on the workshop (A/HRC/32/26) to the
Council at its thirty-second session, in June 2016.
48.
In February 2016, the Office organized an expert seminar in Montreal, Canada,
jointly with McGill University. The main objective of the seminar was to collect

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substantive information for the Expert Mechanisms study on the right to health and
indigenous peoples.

C.

Special Rapporteur on the rights of indigenous peoples

49.
The Special Rapporteur on the rights of indigenous peoples carried out various
activities in four interrelated areas: the promotion of good practices; country reports; cases
of alleged human rights violations; and thematic studies. Within each area, the Special
Rapporteur built upon the established working methods generally employed by the special
procedure mandate holders of the Human Rights Council to address cases of alleged human
rights violations through the communications procedure.
50.
With respect to the promotion of good practices, the Special Rapporteur continued to
provide technical assistance to Governments in their efforts to develop laws and policies
that relate to indigenous peoples. She participated in a meeting organized by the Working
Group on Indigenous Populations/Communities in Africa, established by the African
Commission on Human and Peoples Rights, on follow-up to the outcome document of the
World Conference on Indigenous Peoples and the twenty-first session of the Conference of
the Parties to the United Nations Framework Convention on Climate Change. The Special
Rapporteur also delivered the keynote speech at the first session of the open-ended
intergovernmental working group on transnational corporations and other business
enterprises with respect to human rights, which is mandated with elaborating an
international legally binding instrument, and took part in a two-day symposium, held at the
University of Ottawa, with indigenous women leaders and their allies on the murders and
disappearances of indigenous women and girls and to discuss a possible framework and
structure for a national inquiry.
51.
In February 2016, the Special Rapporteur participated in an international seminar on
indigenous jurisdiction and access to justice in Bogota, where she encouraged dialogue and
cooperation between indigenous peoples and State authorities on the issue of the
administration of justice. In the same month, she participated in a seminar on experiences in
the litigation of cases of violence against women and womens access to justice in Central
America, specifically in Guatemala, where she spoke of strengthening indigenous womens
access to justice and protecting them against violence. In April 2016, the Special
Rapporteur participated in an international seminar on the impact of investments
agreements on the rights of indigenous peoples with a view to collecting inputs for her next
report to the Human Rights Council on bilateral and free trade agreements.
52.
The work of the Special Rapporteur on country reports involves investigating and
reporting on the overall human rights situation of indigenous peoples in certain countries.
During the reporting period, the Special Rapporteur carried out a follow-up visit to examine
the situation of Sami indigenous people in Finland, Norway and Sweden (August 2015). In
her end-of-mission statement, she expressed concern at the land rights situation of the Sami
people given the increased drive to extract and develop minerals and set up renewable
energy projects in the Spmi region. In November 2015, the Special Rapporteur visited
Honduras, where she noted that indigenous peoples lacked full recognition and protection
and did not enjoy their rights to their ancestral lands, territories and natural resources. In
addition, their governance systems were not being strengthened, their institutions were not
recognized, they were not allowed to manage their natural resources or make use of their
customary justice systems.
53.
In March 2016, the Special Rapporteur carried out a follow-up visit to Brazil. In her
end-of-mission debrief, the Special Rapporteur noted the lack of progress since the mission
of the previous Special Rapporteur in 2008. She noted with particular concern that attacks
and killings frequently constituted reprisals in contexts where indigenous peoples

10

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reoccupied ancestral lands after long periods of waiting for demarcation processes to be
completed. The Special Rapporteur will present a more in-depth assessment of her country
visits at the thirty-third session of the Human Rights Council, in September 2016.
54.
The Special Rapporteur has responded on an ongoing basis to specific cases of
alleged human rights violations. During the year under review, the Special Rapporteur took
action on some 54 cases, including in Australia, Belize, Brazil, Brunei, Canada, Chile,
Colombia, Ecuador, Finland, Guatemala, Honduras, India, Indonesia, Japan, Kenya, the
Lao Peoples Democratic Republic, Malaysia, Mexico, New Zealand, Nicaragua, Peru, the
Philippines, Singapore, the United Republic of Tanzania, the United States and Viet Nam.
55.
The negotiation by the Economic Commission for Latin America and the Caribbean
of a regional instrument on the right to access to information, participation and justice in
environmental matters (October 2015) triggered a joint statement by several special
procedure mandate holders. The Special Rapporteur also co-signed a letter written with
special procedure mandate holders and experts from the inter-American human rights
system urging the Government of Canada to fully address the root causes of extreme
violence and discrimination against indigenous women and girls (February 2016). She also
co-signed a number of letters with other special procedure mandate holders, including one
welcoming the verdicts for crimes against humanity issued by a Guatemalan court against
two former military officials and one calling on the United States to increase its efforts to
address environmental threats to human rights, in particular the lead-contaminated water in
Flint, Michigan, which had dramatic consequences on the health of the most vulnerable
children (March 2016).
56.
In relation to thematic studies, the Special Rapporteur submitted her second report to
the Human Rights Council in September 2015, her intention being to continue to focus on
issues related to the economic, social, cultural and environmental rights of indigenous
peoples. Her second report to the Council (A/HRC/30/41) was exclusively devoted to
human rights violations relating to indigenous women and girls. In her second report to the
General Assembly (A/70/301), she dedicated the thematic section to an analysis of how
international investment agreements and investment clauses in free trade regimes affect the
rights of indigenous peoples. In the report, the Special Rapporteur addressed a number of
areas of concern, related both to direct violations of the rights of indigenous peoples and to
the systemic impact of free trade regimes on the lives and communities of indigenous
peoples.

D.

Treaty bodies
57.
During the reporting period, indigenous peoples rights were mentioned in the
recommendations and concluding observations of several treaty bodies.
58.
The Human Rights Committee addressed recommendations on issues affecting
indigenous peoples to Costa Rica, Namibia, New Zealand, Rwanda, South Africa and
Sweden (116th session); Suriname (115th session); and Canada, France and Venezuela
(Bolivarian Republic of) (114th session). In its concluding observations, the Committee
touched on issues such as discrimination, the rights to self-determination and recognition,
the lack of disaggregated data, the loss of languages and culture, and birth registration.
Other observations focused on the elevated rates of violence against indigenous women, the
gender wage gap, the underrepresentation of indigenous women in decision-making
positions and employment opportunities for indigenous women. The Committee also made
recommendations related to legal protections and access to remedies, the high incarceration
rate, law enforcement and the administration of justice, and the recognition of traditional
governance structures. The situation of indigenous peoples land rights, in particular in
respect of resource extraction, land restitution policies and obtaining the free, prior and
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informed consent of indigenous peoples on decisions affecting them and their land, was
also raised. The Committee included requests for information on indigenous peoples in the
list of issues addressed to Bangladesh and Colombia.
59.
The Committee on the Elimination of Discrimination against Women considered the
reports of Bolivia (Plurinational State of), the Russian Federation, Saint Vincent and the
Grenadines and Sweden. In its concluding observations, it highlighted the limited access
that indigenous women have to health care, social services and the justice system. In
respect of indigenous women, the Committee made recommendations on reducing the
elevated rates of poverty, unemployment and gender-based violence, reducing the increased
vulnerability to the effects of natural disasters, increasing awareness of rights and the
means of ensuring their realization and increasing the participation of women in high-level
decision-making positions and in public and political life. The Committee urged States
parties to the Convention on the Elimination of All Forms of Discrimination against
Women to address trafficking in indigenous women, ensure the rights of indigenous women
in the context of harmful customary laws and practices and take measures to realize
indigenous womens rights to traditional lands, to a livelihood and to free, prior and
informed consent. In addition, the Committee highlighted the need for disaggregated data
on indigenous women and adopted general recommendations No. 33 (2015) on womens
access to justice, in which States parties obligations to indigenous women are highlighted,
and No. 34 (2016) on the rights of rural women.
60.
The Committee on the Elimination of Racial Discrimination considered reports from
Colombia, Costa Rica, the Netherlands, Niger, Norway and Suriname (eighty-seventh
session); the Holy See and Mongolia (eighty-eighth session); and Rwanda and Spain
(eighty-ninth session). The Committee expressed concern over the structural discrimination
that many indigenous peoples face, the disproportionate rates of poverty and the barriers to
access to culturally appropriate education and health care (especially for nomadic peoples),
housing, employment, clean water, the justice system and legal remedy. The Committee
recommended that States parties to the International Convention on the Elimination of All
Forms of Racial Discrimination take steps to achieve legal recognition of indigenous lands
and resources; free, prior and informed consent for any activities that may affect indigenous
peoples; and indigenous peoples right to self-determination. The Committee raised
concerns over violence against indigenous peoples, including indigenous women and
human rights defenders, political representation, forced displacements, multiple forms of
discrimination and the rights of indigenous peoples living in voluntary isolation and initial
contact. Furthermore, the Committee urged a number of States parties to consider ratifying
the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention,
1989 (No. 169), and to collect disaggregated data. In addition, the Committee made
recommendations to the Netherlands, Norway and Spain in relation to the activities of
companies domiciled within their jurisdictions but operating abroad and the negative
impacts of those business activities on local indigenous peoples. The Committee also sent a
letter of concern to Papua New Guinea under the early warning and urgent action
procedures in relation to the alienation of indigenous lands.
61.
In May 2016, the OHCHR office in Guatemala provided technical assistance to
indigenous women so that they could prepare a shadow report on follow-up to the
recommendations of the Committee on the Elimination of Racial Discrimination. The
Committee, which had examined Guatemala in April 2015, requested, in its concluding
observations, that the Government provide information on the implementation of three
recommendations, including one on strengthening the national legal framework with
respect to indigenous peoples and one on strengthening the political participation of
indigenous peoples (see CERD/C/GTM/CO/14-15, para. 34).

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62.
The Committee on Economic, Social and Cultural Rights highlighted the
disproportionate rates of discrimination, unemployment, poverty and inequality faced by
indigenous peoples in its concluding observations on the reports of Burundi, Canada, Chile,
Guyana, Kenya, Namibia, Thailand, Uganda and Venezuela (Bolivarian Republic of) (fiftyfifth to fifty-seventh sessions). The Committee recommended that a number of States
parties consider ratifying the ILO Indigenous and Tribal Peoples Convention, 1989
(No. 169), and that they commit to the full implementation of the United Nations
Declaration on the Rights of Indigenous Peoples. The Committee also made
recommendations on language, education and the preservation of culture; access to health
care, education, safe drinking water and sanitation and legal aid; and the disproportionate
effect that climate change has on indigenous peoples. In other concluding observations, the
Committee focused on free, prior and informed consent; land tenure and resource
ownership; and the impact of resource exploitation on indigenous peoples. Furthermore, the
Committee raised concerns related to the involvement of indigenous peoples in forced
labour, the corruption of village captains in indigenous communities, gender-based violence
and the allocation of funds to programmes that support indigenous peoples. The Committee
implemented the simplified reporting procedure at its fifty-seventh session, and requested
information from New Zealand on the Maori and Pasifika people. In addition, the
Committee adopted its general comments No. 22 (2016) on the right to sexual and
reproductive health and No. 23 (2016) on the right to just and favourable conditions of
work. In both general comments, the Committee made reference to indigenous peoples,
identifying them as a category of persons to which the right of non-discrimination within
each context was particularly relevant.
63.
The Committee on the Rights of the Child considered the reports of Bangladesh,
Brazil, Chile, Ethiopia, Honduras, Kenya, Mexico, the Netherlands and Peru (sixty-ninth to
seventy-first sessions). The Committee highlighted the inadequate allocation of resources
for indigenous children, the structural discrimination faced by indigenous children and the
high rates of poverty among indigenous children. The Committee recommended that States
parties to the Convention on the Rights of the Child address the adverse impacts of resource
development projects on indigenous childrens health; increase indigenous childrens
access to health care and sanitation, quality education and other basic social services; and
protect indigenous children from harmful cultural practices. Other issues brought up by the
Committee include the negative impact of forced evictions on indigenous children, the high
rates of suicide among indigenous youth and the increased vulnerability that indigenous
children face with respect to violence and human trafficking. The Committee urged States
parties to take steps to ensure indigenous children enjoy their right to identity, and to collect
disaggregated data. The Committee adopted general comment No. 20 (2016) on the
implementation of the rights of the child during adolescence, in which it noted that special
measures are required to combat the widespread discrimination, poverty and denial of
language and traditions that indigenous adolescents face and in order to ensure that the
rights of indigenous adolescents are fully realized.
64.
The Committee on the Rights of Persons with Disabilities made recommendations
on indigenous peoples with disabilities in its concluding observations on the reports of
Brazil, Gabon and Kenya (fourteenth session) and of Chile, Thailand and Uganda (fifteenth
session). The Committee highlighted the multiple forms of discrimination, extreme
exclusion and extreme poverty faced by many indigenous peoples with disabilities. The
Committee urged States parties to the Convention on the Rights of Persons with Disabilities
to collect disaggregated data and allocate sufficient resources for indigenous peoples living
with disabilities. Moreover, the Committee recommended that States parties make
information available in formats that are accessible to persons living with disabilities,
including in indigenous languages.

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E.

Universal periodic review

65.
Issues related to indigenous peoples rights were addressed in a number of
recommendations arising from the universal periodic review. During the reporting period,
42 countries were reviewed for the second time during the twenty-second to twenty-fourth
sessions of the Working Group on the Universal Periodic Review. Recommendations on
indigenous peoples were addressed to Australia, Guyana, Honduras, Jamaica, Kenya, the
Lao Peoples Democratic Republic, Malawi, Myanmar, Nepal, Panama, Rwanda, Sweden
and the United States. The recommendations to either ratify or implement the ILO
Indigenous and Tribal Peoples Convention, 1989 (No. 169), and to fully implement the
United Nations Declaration on the Rights of Indigenous Peoples were made many times.
The following recommendations were also made: to establish national action plans to
address issues that disproportionately affect indigenous peoples, such as poverty, illiteracy,
low birth registration rates and hate crimes; and to adopt comprehensive anti-discrimination
legislation. Other issues that were raised in the context of the universal periodic review
were related to indigenous peoples access to education, especially in their mother tongue,
and equal access to health, safe drinking water, justice and political participation.
Additional recommendations were made on violence against indigenous women and human
rights defenders, the recognition of ancestral land rights and the inclusion of indigenous
peoples in decision-making processes. It was recommended that measures be implemented
to reduce poverty and social exclusion among indigenous peoples in Honduras; that the
protection of the rights of indigenous peoples, including to their ancestors lands, be
effectively strengthened in Kenya; and that indigenous peoples be regularly consulted on
matters of interest to them, that indigenous peoples be supported in efforts to enjoy their
right to traditionally owned lands and resources and that measures be adopted to effectively
protect sacred areas against environmental exploitation and degradation in the United
States.
66.
OHCHR has often supported efforts to follow up on the recommendations on the
rights of indigenous peoples that have been made during the universal periodic review. For
example, Mexico has accepted several recommendations that relate to the right of
indigenous peoples to prior consultation. To this end, the office in Mexico has provided
technical assistance to improve adherence to international standards. Moreover, OHCHR
has engaged with a group within the executive branch in the process of drafting a law on
prior consultation.

IV. Conclusions
67.
Shrinking democratic spaces and a development agenda pushed through
without consideration for indigenous peoples right to consultation have remained a
source of conflict during the reporting period. Systematic discrimination, lack of
indigenous peoples participation in decision-making (in particular in the context of
large-scale projects, the extractive industries sector and legislative processes), lack of
land demarcation and titling, challenges to indigenous peoples in voluntary isolation
and initial contact, and increasing violence against indigenous human rights defenders
are among the challenges faced by indigenous peoples worldwide. The rights of
indigenous peoples have remained a priority for OHCHR, as demonstrated by its
actions at the country and regional levels and by the solid support it has provided to
mechanisms of the Human Rights Council and other intergovernmental bodies, as
well as to international processes.

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68.
During the period under review, OHCHR further expanded its work on
advancing the rights of indigenous peoples at the country level, enhanced inter-agency
cooperation and engaged more closely with multilateral development entities to
produce tools and achieve sustainable results. Much of that work builds on the
outcome document of the high-level plenary meeting of the General Assembly known
as the World Conference on Indigenous Peoples, in which States committed
themselves to developing national action plans with a view to achieving the ends of the
United Nations Declaration on the Rights of Indigenous Peoples and to strengthening
the mandate of the Expert Mechanism. OHCHR will support the development of such
action plans, including by preparing a manual and by providing case-by-case advice.
OHCHR will continue to support the work of members of the Inter-Agency Support
Group on Indigenous Peoples Issues and others to promote system-wide follow-up to
the outcome document.
69.
The present report contains information on many achievements at the
international level and some successes at the country level. Much remains to be done,
however, to fill the gaps in national policies and strategies and to achieve full
compliance with the Declaration and the outcome document.

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